Safety Zone; 70th Anniversary Celebration for the Thousand Island International Bridge, St. Lawrence River, Alexandria Bay, NY, 43621-43624 [E8-17186]
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Federal Register / Vol. 73, No. 145 / Monday, July 28, 2008 / Rules and Regulations
Title: Modification of Interchange and
Transmission Loading Relief Reliability
Standards; and Electric Reliability
Organization Interpretation of Specific
Requirements of Four Reliability
Standards.
Action: Proposed Collection.
OMB Control No.: 1902–0244.
Respondents: Businesses or other forprofit institutions; not-for-profit
institutions.
Frequency of Responses: On
Occasion.
Necessity of the Information: This
Final Rule approves five modified
Reliability Standards that pertain to
interchange scheduling and
coordination. It directs NERC to make a
filing with the Commission regarding
one modified Reliability Standard that
pertains to transmission loading relief
procedures. In addition, the Final Rule
approves interpretations of five specific
requirements of Commission-approved
Reliability Standards. The Final Rule
finds the Reliability Standards and
interpretations just, reasonable, not
unduly discriminatory or preferential,
and in the public interest.
70. Interested persons may obtain
information on the reporting
requirements by contacting: Federal
Energy Regulatory Commission, Attn:
Michael Miller, Office of the Executive
Director, 888 First Street, NE.,
Washington, DC 20426, Tel: (202) 502–
8415, Fax: (202) 273–0873, E-mail:
michael.miller@ferc.gov, or by
contacting: Office of Information and
Regulatory Affairs, Attn: Desk Officer
for the Federal Energy Regulatory
Commission (Re: OMB Control No.
1902–0244), Washington, DC 20503,
Tel: (202) 395–4650, Fax: (202) 395–
7285, E-mail:
oira_submission@omb.eop.gov.
rfrederick on PROD1PC67 with RULES
IV. Environmental Analysis
71. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.35 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment. Included in the exclusion
are rules that are clarifying, corrective,
or procedural or that do not
substantially change the effect of the
regulations being amended.36 The
actions proposed herein fall within this
35 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987).
36 18 CFR 380.4(a)(2)(ii).
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14:01 Jul 25, 2008
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categorical exclusion in the
Commission’s regulations.
V. Regulatory Flexibility Act
72. The Regulatory Flexibility Act of
1980 (RFA) 37 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities. The RFA mandates
consideration of regulatory alternatives
that accomplish the stated objectives of
a proposed rule and that minimize any
significant economic impact on a
substantial number of small entities.
The Small Business Administration’s
Office of Size Standards develops the
numerical definition of a small
business. (See 13 CFR 121.201.) For
electric utilities, a firm is small if,
including its affiliates, it is primarily
engaged in the transmission, generation
and/or distribution of electric energy for
sale and its total electric output for the
preceding twelve months did not exceed
four million megawatt hours. The RFA
is not implicated by this Final Rule
because the minor modifications and
interpretations discussed herein will not
have a significant economic impact on
a substantial number of small entities.
43621
VII. Effective Date and Congressional
Notification
76. These regulations are effective
August 27, 2008. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996.
List of Subjects in 18 CFR Part 40
Electric power, Electric utilities,
Reporting and recordkeeping
requirements.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8–17196 Filed 7–25–08; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0742]
VI. Document Availability
RIN 1625–AA00
73. In addition to publishing the full
text of this document in the Federal
Register , the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through
FERC’s Home Page (https://www.ferc.gov)
and in FERC’s Public Reference Room
during normal business hours (8:30 a.m.
to 5 p.m. Eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
74. From FERC’s Home Page on the
Internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
75. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours from FERC
Online Support at (202) 502–6652 (toll
free at 1–866–208–3676) or e-mail at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. E-mail the
Public Reference Room at
public.referenceroom@ferc.gov.
Safety Zone; 70th Anniversary
Celebration for the Thousand Island
International Bridge, St. Lawrence
River, Alexandria Bay, NY
PO 00000
37 5
U.S.C. 601–12.
Frm 00015
Fmt 4700
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the St. Lawrence River, Alexandria Bay,
NY. This zone is intended to restrict
vessels from a portion of the St.
Lawrence River during the August 16,
2008, 70th Anniversary Celebration for
the Thousand Island International
Bridge. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
fireworks displays.
DATES: This rule is effective from 9 p.m.
to 10 p.m. on August 16, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0742 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
at two locations: the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
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43622
Federal Register / Vol. 73, No. 145 / Monday, July 28, 2008 / Rules and Regulations
except Federal holidays, at the U.S.
Coast Guard Sector Buffalo, 1 Fuhrmann
Boulevard, Buffalo, NY 14203 between
9:30 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, contact Commander Joseph
Boudrow, U.S. Coast Guard Sector
Buffalo, at (716) 843–9572. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
permit application was not received in
time to publish an NPRM followed by
a final rule before the effective date.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event, and
immediate action is necessary to
prevent possible loss of life and
property.
rfrederick on PROD1PC67 with RULES
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
and spectators from hazards associated
with a fireworks display. Based on
accidents that have occurred in other
Captain of the Port zones, and the
explosive hazards of fireworks, the
Captain of the Port Buffalo has
determined that fireworks launches
proximate to watercraft pose a
significant risk to public safety and
property. The likely combination of
large numbers of recreation vessels,
congested waterways, darkness
punctuated by bright flashes of light,
alcohol use, and debris falling into the
water could easily result in serious
injuries or fatalities. Establishing a
safety zone to control vessel movement
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around the location of the launch
platform will help ensure the safety of
persons and property at these events
and help minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of spectators and
vessels during the setup, loading and
launching of a fireworks display in
conjunction with the 70th Anniversary
Celebration for the Thousand Island
International Bridge fireworks display.
The fireworks display will occur
between 9 p.m. and 10 p.m. on August
16, 2008.
The safety zone for the fireworks will
encompass all waters of the St.
Lawrence River on Heart Island at Boldt
Castle, Alexandria Bay, NY, in a 700
foot radius of position 44°20′40″ N,
075°55′17″ W (DATUM: NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the on-scene
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his onscene representative. The Captain of the
Port or his on-scene representative may
be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This determination is based on the
minimal time that vessels will be
restricted from the zone and the zone is
an area where the Coast Guard expects
insignificant adverse impact to mariners
from the zones’ activation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners and operators of
vessels intending to transit or anchor in
a portion of the St. Lawrence River in
Alexandria Bay, NY, between 9 p.m.
and 10 p.m. on August 16, 2008.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will be
in effect for only one hour for one event.
Vessel traffic can safely pass outside the
safety zone during the event. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port Buffalo to transit
through the safety zone. The Coast
Guard will give notice to the public via
a Broadcast to Mariners that the
regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
E:\FR\FM\28JYR1.SGM
28JYR1
Federal Register / Vol. 73, No. 145 / Monday, July 28, 2008 / Rules and Regulations
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule would not result in
such expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty
rights of Native American Tribes.
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that these regulations and fishing rights
protection need not be incompatible.
We have also determined that this Rule
does not have tribal implications under
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments, because it does not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Rule or options for compliance are
encouraged to contact the point of
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43623
contact listed under FOR FURTHER
INFORMATION CONTACT.
docket where indicated under
ADDRESSES.
Energy Effects
List of Subjects in 33 CFR Part 165
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a statement of Energy Effects
under Executive Order 13211.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Technical Standards
I 2. A new temporary § 165.T09–0742 is
added as follows:
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedure; and related management
system practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded, under the
Instruction, that there are no factors in
this case that would limit the use of a
categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. This event establishes a
safety zone therefore paragraph (34)(g)
of the Instruction applies.
A final Environmental Analysis Check
List and Categorical Exclusion
Determination are available in the
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
§ 165.T09–0742 Safety zone; 70th
Anniversary Celebration for the Thousand
Island International Bridge, St. Lawrence
River, Alexandria Bay, NY.
(a) Location. All waters of the St.
Lawrence River on Heart Island at Boldt
Castle, Alexandria Bay, NY, in a 700
foot radius of position 44°20′40″ N,
075°55′17″ W (DATUM: NAD 83).
(b) Effective period. This zone will be
enforced from 9 p.m. to 10 p.m. on
August 16, 2008.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo, or his onscene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port or his on-scene representative may
be contacted via VHF Channel 16.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the Captain of the Port Buffalo
or his on-scene representative.
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Federal Register / Vol. 73, No. 145 / Monday, July 28, 2008 / Rules and Regulations
Dated: July 17, 2008.
Robert S. Burchell,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. E8–17186 Filed 7–25–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0739]
RIN 1625–AA00
Safety Zone; Carly’s Crossing, Lake
Erie, Buffalo, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
rfrederick on PROD1PC67 with RULES
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
Lake Erie, Buffalo, NY. This zone is
intended to restrict vessels from a
portion of Lake Erie during the August
16, 2008 Carly’s Crossing Swimming
Event. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
Swimming Events.
DATES: This rule is effective from 6:30
a.m. to 2:30 p.m. on August 16, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0739 and are available online at
www.regulations.gov. They are also
available for inspection or copying at
two locations: the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and the U.S. Coast Guard Sector Buffalo,
1 Fuhrmann Boulevard, Buffalo, NY
14203 between 9:30 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, contact Commander Joseph
Boudrow, U.S. Coast Guard Sector
Buffalo, at (716) 843–9572. If you have
questions on viewing the docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
VerDate Aug<31>2005
14:01 Jul 25, 2008
Jkt 214001
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when an agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
permit application was not received in
time to publish a NPRM followed by a
final rule before the effective date.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event and immediate
action is necessary to prevent possible
loss of life or property.
Background and Purpose
Temporary safety zones are necessary
to ensure the safety of vessels and
spectators from the hazards associated
with Swimming Events. Based on recent
accidents that have occurred in other
Captain of the Port zones, the Captain of
the Port Buffalo, has determined that
Swimming Events pose significant risks
to public safety and property. The likely
combination of large numbers of
recreational vessels, congested
waterways, and alcohol use, could
easily result in serious injuries or
fatalities.
Discussion of Rule
The proposed safety zone consists of
all navigable waters of Lake Erie
extending two miles to the breakwall
outside of Gallagher Beach. The
positions of the race course are as
follows, starting 42°50′47″ N, 078°51′44″
W headed North East to position
42°50′27″ N, 078°52′23″ W West to
42°50′19″ N, 078°52′10″ W then
finishing South at position 42°50′27″ N,
078°51′35″ W (NAD 83). The size of this
proposed zone was determined using
the location of the race course approved
by the Captain of the Port Buffalo and
local knowledge concerning wind,
waves, and currents.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the on-scene
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his onscene representative. The Captain of the
Port or his on-scene representative may
be contacted via VHF Channel 16.
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Fmt 4700
Sfmt 4700
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This determination is based on the
minimal time that vessels will be
restricted from the zone and the zone is
an area where the Coast Guard expects
insignificant adverse impact to mariners
from the zones’ activation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
economic impact on a substantial
number of small entities. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of Lake Erie, Buffalo, NY 6:30
a.m. and 2:30 p.m. on August 16, 2008.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will be
in effect for eight hours for one event.
Vessel traffic can safely pass outside the
safety zone during the event. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of The Port Buffalo to transit
through the safety zone. The Coast
Guard will give notice to the public via
a Broadcast to Mariners that the
regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
E:\FR\FM\28JYR1.SGM
28JYR1
]]>Agencies
[Federal Register Volume 73, Number 145 (Monday, July 28, 2008)]
[Rules and Regulations]
[Pages 43621-43624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17186]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0742]
RIN 1625-AA00
Safety Zone; 70th Anniversary Celebration for the Thousand Island
International Bridge, St. Lawrence River, Alexandria Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
St. Lawrence River, Alexandria Bay, NY. This zone is intended to
restrict vessels from a portion of the St. Lawrence River during the
August 16, 2008, 70th Anniversary Celebration for the Thousand Island
International Bridge. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with
fireworks displays.
DATES: This rule is effective from 9 p.m. to 10 p.m. on August 16,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0742 and are available online
at https://www.regulations.gov. They are also available for inspection
or copying at two locations: the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday,
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except Federal holidays, at the U.S. Coast Guard Sector Buffalo, 1
Fuhrmann Boulevard, Buffalo, NY 14203 between 9:30 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact Commander Joseph Boudrow, U.S. Coast Guard
Sector Buffalo, at (716) 843-9572. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event, and immediate action is necessary to
prevent possible loss of life and property.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones, and the explosive hazards of fireworks, the Captain of the
Port Buffalo has determined that fireworks launches proximate to
watercraft pose a significant risk to public safety and property. The
likely combination of large numbers of recreation vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch platform will help ensure
the safety of persons and property at these events and help minimize
the associated risks.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading and launching of a
fireworks display in conjunction with the 70th Anniversary Celebration
for the Thousand Island International Bridge fireworks display. The
fireworks display will occur between 9 p.m. and 10 p.m. on August 16,
2008.
The safety zone for the fireworks will encompass all waters of the
St. Lawrence River on Heart Island at Boldt Castle, Alexandria Bay, NY,
in a 700 foot radius of position 44[deg]20'40'' N, 075[deg]55'17'' W
(DATUM: NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Buffalo or his on-scene
representative. The Captain of the Port or his on-scene representative
may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the St. Lawrence River in Alexandria
Bay, NY, between 9 p.m. and 10 p.m. on August 16, 2008.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for only one hour for one event. Vessel traffic
can safely pass outside the safety zone during the event. In the event
that this temporary safety zone affects shipping, commercial vessels
may request permission from the Captain of the Port Buffalo to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast to Mariners that the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of
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compliance on them. We have analyzed this rule under that Order and
have determined that it does not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these regulations and fishing rights
protection need not be incompatible. We have also determined that this
Rule does not have tribal implications under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. Nevertheless, Indian Tribes
that have questions concerning the provisions of this Rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedure; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This event establishes a safety zone
therefore paragraph (34)(g) of the Instruction applies.
A final Environmental Analysis Check List and Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T09-0742 is added as follows:
Sec. 165.T09-0742 Safety zone; 70th Anniversary Celebration for the
Thousand Island International Bridge, St. Lawrence River, Alexandria
Bay, NY.
(a) Location. All waters of the St. Lawrence River on Heart Island
at Boldt Castle, Alexandria Bay, NY, in a 700 foot radius of position
44[deg]20'40'' N, 075[deg]55'17'' W (DATUM: NAD 83).
(b) Effective period. This zone will be enforced from 9 p.m. to 10
p.m. on August 16, 2008.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Buffalo, or his on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his on-scene
representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
or his on-scene representative may be contacted via VHF Channel 16.
Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo or his on-scene representative.
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Dated: July 17, 2008.
Robert S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-17186 Filed 7-25-08; 8:45 am]
BILLING CODE 4910-15-P
